RUAKITURI CASE.

Poverty Bay Herald, Volume L, Issue 16496, 31 July 1924, Page 10

RUAKITURI CASE.

ALLEGED ASSISTING A CRIMINAL TO ESCAPE. The case was continued at Napier on Tuesday (reports the H.B. HeraldJ in which Edward George Melville, farmer, of Ruakituri, was charged that on or about November 19, 1919, at Ruakituri, knowing George David Melville to have been a, party to the. crime of incest, lie did assist him to escape. Detective-Sergeant! Butlpr conducted the prosecution and Mr. B. J. Dolan represented the accused. Übbonie Sydney West, manager of the Union Bank of Australia, at. Wairoa, gave formal evidence of the cashing of the cheques.. Witness considered that the endorsement- on the second cheque and the signature “C. Brown” on the letter were written by the same person. Accused’s business transactions with the bank had always been perfectly honest and straig li t-forwa id. Sergeant Wade stated that lie had been in charge of the Wairoa district for the past four and a half years. As far as witness knew, no actual proceedings were taken against George David Melville, although’ numerous enquiries hade been made with a view to his arrest, and a. ‘‘missing friends” advertisement. had been circulated in the Police Gazette. Witness had every reason to believe that Melville, junior, was in Australia. Detective-Sergeant- Butler deposed that, accompanied by -Sergeant Wade, of Wairoa, he visited the accused’s farm at. Ruakituri on July 2. Questioned bv witness, accused declined to state the paternity of any of his two daughters’ illegitimate children. Accused was then arrested. Among accused’s -effects witness found the bank pass-book and the letter signed “O. Brown.” Later witnes interviewed accused and put questions to him in regard to Form 54. During the questioning accused said : ‘‘How is my wife?” (Mrs. Melville had thatday collapsed in Court.) Witness replied : “She is yen’ much better.” Accused replied: “I,am. glad to hear that. Stic is a good, hard-working woman, but hard to get on with.” (Mr. Dolan objected to this evidence.) Continuing his evidence, witness stated that accused was very hazy about happenings since his marriage. Witness had said: “I got the information from your wife, so 1 suppose it will be all right." Accused then replied: ‘"What docs, my wife say?” Witness said : “I’ll read what she says, if you wish.” Accused then told witness that lie. would like to hear his wife’s statement. Witness: In the -wife’s statement — Mr. Dolan : I object! Continuing his evidence, DetectiveSergeant. Butler stated that the accused, after hearing his wife’s statement, said.: “That statement is substantially correct.” Accused then made a correction in the statement. Mr. Dolan: I cappot see that this is relevant. Witness: It is going to show that the accused accepted the statement as his own. The statement was read, and Mr. Dolan’s objection noted in full. This evidence -concluded the case for the prosecution-. Mr. Dolan submitted that there was no case to send before a jury. There was no offence committed by the accused in refusing to tell anything about his son. Accused's action in finding him a position on Morice’s farm was no crime, because the natural action for a father would be to remove an erring son from the household.' The money which accused sent to his son was not a. gift-, because the boy had earned the money. Counsel held that the accused’s action hpd not been “receiving, comforting, or assisting” within the meaning of the Act. There was no information taken against the boy, and there had been warrant issued for his arrest The Magistrate) held that refusing to give information to the police was not in itself an offence, hut if by the withholding of that knowledge a man is assisting a- felon to elude capture, then it is an offence. Mr. Dolan: The accused savs: “I am not guilty, and I reserve my defence.’” Accused was committed to the Supreme Court for trial, bail being allowed as before.